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THE LEASING OF 
SCHOOL LANDS 
IN ALASKA 



This pamphlet contains rules and regulations in regard to 
the leasing of school lands in Alaska, the Act of Congress, 
approved March 4, 1915, and Chapter 61, Alaska Session 
Laws, 1917, both relating to school lands, and under which 
such rules and regulations are promulgated. The approved 
form of application for a lease of such school lands and of the 
lease itself will also be found within; also a form of applica- 
tion for the appraisal and sale of timber on certain school 
lands. 




JUNEAU, ALASKA 






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LiSRAK/ <;c CCNGRESS 
RfcCEIVtC 

OCT 2 1924 



CHAPTER 181 

AN ACT 

To Reserve Lands to the Territory of Alaska for Educational 
Uses, and for Other Purposes. 

Be It Enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
Assembled : 

That when the public lands of the Territory are 
surveyed, under direction of the Government of the 
United States, sections numbered sixteen and thirty- 
six in each township in said Territory shall be, and 
the same are hereby, reserved from sale or settlement 
for the support of common schools in the Territory of 
Alaska; and section thirty-three in each township in 
the Tanana Valley between parallels sixty-four and 
sixty-five north latitude and between the one hundred 
and forty-fifth and the one hundred and fifty-second 
degrees of west longitude (meridian of Greenwich) 
shall be, and the same is hereby, reserved from sale 
or settlement for the support of a Territorial agricul- 
tural college and school of mines when established by 
the Legislature of Alaska upon the tract granted in 
section two of this Act: Provided, that where settle- 
ment with a view to homestead entry has been made 
upon any part of the sections reserved hereby before 
the survey thereof in the field, or where the same may 
have been sold or otherwise appropriated by or under 
the authority of any Act of Congress, or are wanting 
or fractional in quantity, other lands may be desig- 
nated and reserved in lieu thereof in the manner pro- 
vided by the Act of Congress of February twenty- 
eighth, eighteen hundred and ninety-one (Twenty- 
sixth Statutes, page seven hundred and ninety-one) : 
Provided, further. That the Territory may, by gen- 
eral law, provide for leasing said land in area not to 
exceed one section to any one person, association, or 
corporation for not longer than ten years at any one 
time: And provided further. That if any of said sec- 
tions, or any part thereof, shall be of known mineral 
character at the date of acceptance of survey thereof, 
the reservation herein made shall not be effective or 
applicable, but the entire proceeds or income derived 
by the United States from such sections sixteen and 



thirty-six and such sections thirty-three in each town- 
ship in the Tanana Valley area hereinbefore described, 
and the minerals therein, together with the entire 
proceeds or income derived from said reserved lands, 
are hereby appropriated and set apart as separate 
and permanent funds in the Territorial treasury, to 
be invested and the income from which shall be ex- 
pended only for the exclusive use and benefit of the 
public schools of Alaska or of the agricultural college 
and school of mines, respectively, in such manner as 
the Legislature of Alaska may by law direct. 

Sec. 2. That section numbered six, in township 
numbered one south of the Fairbanks base line and 
range numbered one west of the Fairbanks meridian; 
section numbered thirty-one, in township numbered 
one north of the Fairbanks base line and range num- 
bered one west of the Fairbanks meridian; section 
numbered one, in township numbered one south of 
the Fairbanks base line and range numbered two 
west of the Fairbanks meridian ; and section num- 
bered thirty-six, in township numbered one north of 
the Fairbanks base line and range numbered two 
west of the Fairbanks meridian, be, and the same 
are hereby, granted to the Territory of Alaska, but 
with the express condition that they shall be forever 
reserved and dedicated to use as a site for an agri- 
cultural college and school of mines: Provided, That 
nothing in this Act shall be held to interfere with or 
destroy any legal claim of any person or corporation 
to any part of said lands under the homestead or 
other law for the disposal of the public lands acquired 
prior to the approval of this Act: Provided further, 
That so much of the said land as is now used by the 
Government of the United States as an agricultural 
experiment station may continue to be used for such 
purpose until abandoned for that use by an order of 
the President of the United States or by Act of Con- 
gress. 

Approved, March 4, 1915. 



ALASKA SESSION LAWS, 1917, CHAPTER 61 

AN ACT 

(H. B. 76) 
To provide for the leasing of school lands reserved under the 
Act of Congress, dated March 4, 1915, Chapter 181, Sec- 
tion 1, providing a minimum rental therefor, and authoriz- 
ing the Governor and Secretary of the Territory to formu- 
late rules and regulations. 

Be it enacted by the Legislature of the Territory of Alaska: 

Section 1. The Governor and Secretary of the Ter- 
ritory of Alaska shall offer and are authorized to 
lease all lands surveyed and reserved under the Act of 
Congress of the United States, dated March 4, 1915, 
Chapter 181, Section 1, which lease shall be made by 
the said Governor and Secretary in accordance with 
the powers granted the Territory in the above re- 
ferred-to Act. 

Section 2. Any lessee of lands covered by the lease 
above specified shall pay to the Territory of Alaska to 
be deposited in its School fund, a sum to be fixed by 
the Governor and Secretary of the Territory. 

Section 3. No lease issued under authority of this 
Act shall be assigned or sublet without the consent of 
the Governor and Secretary of the Territory. 

Section 4. Any such lease may be forfeited or 
canceled in a proper proceeding in a court of com- 
petent jurisdiction whenever the lessee fails to com- 
ply with any of the provisions of the law or of the 
general regulations promulgated Under this Act, and 
the lease may provide for the enforcement of other 
appropriate remedies for breach of specified condi- 
tions thereof. 

Section 5. All applicants for a lease shall make an 
application under oath, describing the ground sought 
to be leased, stating the conditions thereof, whether 
the same is tillable or covered with valuable forest, 
definitely describing the nature of the trees growing 
thereon, if any such there be, and stating the use 
which the applicant intends to make of the ground 
sought to be leased. Said application is to be made 
according to the regulations prescribed by the Gov- 
ernor and Secretary. 

Section 6. All statements, representations or re- 
ports required either under this Act or under rules 



and regulations formulated hereunder, by the Gov- 
ernor and Secretary of the Territory unless otherwise 
specified, by the said Governor and Secretary shall be 
upon oath and in such form and upon such blank as 
the said Governor and Secretary may require, and 
any person making false oath, representation or re- 
port shall be guilty of perjury. 

Section 7. The Governor and Secretary of Alaska 
are authorized to prescribe the necessary and proper 
rules and regulations and to do any and all things 
necessary to carry out and accomplish the purposes 
of this Act. 

Approved May 3, 1917. 

REGULATIONS 

Under Chapter 61, Alaska Session Laws 1917. 

1. Any person, association or corporation can 
lease lands under this Act. 

2. Not more than one section of land will be 
leased to any one person, association or corporation 
at any one time. 

3. Lands will be leased in legal subdivisions only. 
Forty-acre tracts will not be further subdivided. 

4. Each application must be accompanied by a 
deposit of an amount to be fixed in each instance by 
the Governor of Alaska or the Secretary of the Ter- 
ritory. 

5. Persons leasing lands shall pay all rents to the 
Secretarj'^ of the Territory in advance. 

6. The Territory has a right to reject any or all 
applications for any lands under the Act. 

7. No lessee shall remain in possession of lands 
or improvements thereon after the expiration of his 
lease without the written consent of the Governor or 
Secretary of Alaska. 

8. No lessee shall sublease or rent any lands, or 
portions thereof, held by him under this Act without 
the written consent of the Governor and Secretary of 
the Territory. 

9. That the various rentals for grazing and farm- 
ing lands shall be fixed by the Governor or Secretary 
of Alaska. 



APPLICATION NO. 



APPLICATION FOR APPRAISEMENT AND 
SALE OF TIMBER ON SCHOOL LANDS. 

To the Cjovernor of Alaska, Juneau, Alaska: 

The subscriber hereto respectfully applies for the 
Appraisement and Sale of Timber on Lands situate 

in the of Sec Twp 

R of the Meridian, containing 

acres; and herewith incloses a for the 

sum of dollars, to cover the deposit re- 
quired ; and furthermore, under oath makes answer to 
the questions required, and herein contained, to-wit: 
Is any person living on the land, or is it occupied in 

part or under lease? 

If so, give name and postoffice address of the occu- 
pant or lessee 

Are there any improvements whatever on the land, 
giving character of improvements, if any, and their 
estimated value? 



Give name and postoffice address of owner of im- 
provements 

What is the character, value and extent of the timber 
applied for? 



Kind feet. Value $ 

Kind feet. Value $ 

Kind feet. Value $ 

Other timber ,.. feet. Value $ 

Total value of timber on land $ 

State number of acres in tract, with merchantable 
timber thereon 

How long a lease do you want? 

Dated at this day of 



19. 

Applicant. 



Postoffice Address. 
Subscribed and sworn to before me this 



day of , A. D. 19. 



APPLICATION TO LEASE SCHOOL LANDS IN 
THE TRRITORY OF ALASKA. 

To the Governor of Alaska, Juneau, Alaska: 

Sir: The undersigned, , 

residing at -..., hereby applies to lease 

the following land, to-wit: , Sec 

Tv/p , R of the Meri- 
dian, containing acres, for a term of — 

years. I herewith inclose a for the sum 

of ($ ) dollars. 

Answer questions fully. 
For what precise purpose is the land wanted? 

How many acres for agricultural purposes? 

How many acres for grazing purposes? 

State in a general way the character of improvements 
you intend placing on the land, and their approxi- 
mate values 



Are there any improvements now on the land sought 
to be leased? 



By whom are such improvements claimed or owned, 
if by any one? : 

Can the land be irrigated? Does the land 

have water for stock? What do lands in 

this locality lease for per acre? Do you in- 
tend to make your home on this land? How 

many acres of land have you under lease from the 

Territory? How long a lease do you 

want? 

Dated at , Alaska, this 

day of , 19 

Sign here 

Dollars must accompany this application. 

P. O. Address 

Subscribed and sworn to by said 



before me this day of , 19 

(Seal) 

NOTE: All remittances should be made payable 
to the Secretary of Alaska. Personal checks and 
Canadian money not accepted. 



LEASE OF SCHOOL LANDS 

THIS INDENTURE OR LEASE, made and entered 
into this day of , 19 , by and be- 
tween the Governor and Secretary of the Territory 
of Alaska, acting for and on behalf of said Territory, 
party of the first part, under and pursuant to Chapter 
61, of the Laws of Alaska, approved May 3, 1917, 
entitled: "An Act to provide for the leasing of 
school lands reserved under the Act of Congress, 
dated March 4, 1915, Chapter 181, section providing 
a minimum rental therefor, and authorizing the Gov- 
ernor and Secretary to formulate rules and regula- 
tions," hereinafter called the Lessor, and 

, party of the second part, hereinafter 

called the Lessee, WITNESSETH: That 

WHEREAS, Said party of the second part has made 
written application to lease certain lands of said Ter- 
ritory for 



purposes, and described 

as follows, namely: 



Section Twp Range 

of the Meridian, containing acres, 

more or less, said lands being reserved by the United 
States to the Territory of Alaska for educational uses 
and other purposes, with the right to said Territory to 
lease the same upon certain conditions and under 

NOW, THEREFORE, The said Territory of Alaska, 
for and in consideration of the covenants and agree- 
ments hereinafter mentioned, to be kept and 
performed by the said party of the second part, 
(his heirs, executors, administrators, and assigns) and 

( its successors and assigns ) 

a money consideration hereinafter named, doth here- 
by lease and demise the land described as aforesaid 
unto the said party of the 



second part hereto for the period of 

TO HAVE AND TO HOLD, the aforesaid described 
premises, with the appurtenances, unto the said party 
of the second part, (his heirs, executors, administra- 

( its successors and assigns ) 

tors and assigns) for a term of years, from 

the day of in the year of 

our Lord, one thousand nine hundred and 

subject, however, to the terms and conditions provided 
in this lease. And the said party of the second part 
in consideration of the leasing of the premises afore- 
said, by the party of the first part, to the said party of 
the second part, does covenant and agree with the 
said party of the first part, to pay unto the Territory 

of Alaska the sum of Dollars 

annually in advance, as yearly rental for said lands. 

IT IS FURTHER COVENANTED AND AGREED, 
that all coal, oil, gas and other minerals, and all de- 
posits of stone valuable for building, mining or other 
commercial purposes are excepted from the operations 
of this lease, and the lessee shall not open any mine 
or ^quarry, or work or dig any ore, coal, oil, gas or 
stone from any mine or any stone quarry, situate on 
said land, or that may be discovered thereon during 
the Mfe of this lease. 

IT IS FURTHER COVENANTED AND AGREED, 
that the lessee shall not waste, cut, take or remove 
from the lands herein described any timber or wood, 
unless he has first established his actual home thereon 
and then only such as may be actually necessary for 
domestic use or to clear the land for actual cultiva- 
tion, not to exceed five (5) acres of land at any one 
time, until such five (5) acres is thoroughly prepared 
and ready for cultivation. 

IT IS FURTHER UNDERSTOOD AND AGREED, 
that said second party shall commit no waste upon 
said lands, under penalty of forfeiture of the lease. 

IT IS FURTHER COVENANTED AND AGREED, 
that this lease shall not be assigned or sublet without 
the consent, in writing, of the Governor and Secretary 
of the Territory; that the lease may be forfeited or 
cancelled in a proper proceeding in a court of com- 
petent jurisdiction whenever the lessee fails to comply 
with any of the provisions of the law under which this 
lease is given, except in the alternative, in case of the 
non-payment of rent, as hereinafter set forth. 

And the party of the second part, expressly agrees 



that if the rental, mentioned above, shall not be paid 
annually in advance, such non-payment shall work a 
forfeiture of the lease at the option of the Governor 
and Secretary of the Territory after sixty (60) days 
notice to the lessee herein, sent to his postoffice ad- 
dress as given in this lease and the said Territory of 
Alaska by its agents or employes, in the event of a 
forfeiture of the lease for a non-payment of the rent, 
in advance, shall thereupon and immediately have a 
right to re-enter and take possession of said demised 
premises and the lessee herein agrees peacefully there- 
upon to vacate the same. 

IT IS FURTHER UNDERSTOOD, COVENANTED 
AND AGREED, that if the lessee herein does not wish 
to renew this lease, he has the privilege of disposing 
of, or removing, such of his improvements as are 
capable of removal without damage to the land at 

any time within days from the expiration 

of this lease, after which period all improvements that 
remain shall become the property of the Territory. 

That the following facts, stated and sworn to by 
the lessee in his Application for said lease, are mater- 
ial to the granting of this lease, and that the granting 
of said lease is dependent upon them ; and that they 
are a part of the consideration for said lease: 



IN WITNESS WHEREOF, the Territory of Alaska, 
Lessor, acting by and through the Governor of Alaska 
and the Secretary of Alaska, lawfully authorized 
thereunto, has caused these presents to be executed 
at Juneau, in quintuple, under the Great Seal of the 
Territory, by the Governor and Secretary of Alaska 
aforesaid, and the said Lessee has hereunto set his 
hand and executed said instrument in quintuple, on 

this day of 19 

SIGNED, SEALED AND DELIVERED in the pres- 
ence of us as witnesses: 

Witness : 

Residence 

Witness 

Residence 

(Seal) 

Governor of Alaska 

Acting for and on behalf of the 

Territory of Alaska herein. 



Witness .— 

Residence 

Witness 

Residence 

(Seal) 

Secretary of Alaska 

Acting for and on behalf of the 

Territory of Alaska herein. 

Witness 

Residence 

Witness 

Residence 

(Seal) 

Lessee 
Postoffice Address 

UNITED STATES OF AMERICA, 
Territory of Alaska, ss. 

BE IT REMEMBERED that on this day 

of A. D. 19 , before me, the un- 
dersigned, duly commissioned and sworn, personally 

appeared to me personally 

known to be one of the persons described in and who 

executed the within instrument, and the said 

, acknowledged to me that he 

signed and executed the same freely and voluntarily 
for the uses and purposes therein mentioned. 

IN TESTIMONY WHEREOF, I have hereunto set 
my hand and affixed my official seal, the day and 
year in this certificate first above written. 



LIBRARY OF CONGRESS 



021 324 642 2 



